This presentation discusses best practices for social media strategy and compliance with social media law. It recommends developing a social media policy and terms of use, knowing the terms of third-party social media sites used, and protecting digital space. The presentation also covers applicable laws around defamation, promotions, consent, employee rights, disclosures, background checks and insurance. Contact information is provided for the presenters.

1. SOCIAL MEDIA
STRATEGY &
SOCIAL MEDIA LAW
PRESENTATION BY:
DeWayne Pope, Red Mountain Law
Andrea Walker, W. Social Marketing, LLC

2. BEST PRACTICES OF
SOCIAL MEDIA STRATEGY

3. EFFECTIVE STRATEGY FOR
SHARING YOUR MESSAGE

4. INBOUND MARKETING VERSUS
OUTBOUND MARKETING

5. OUTBOUND MARKETING

6. INBOUND MARKETING
Qualified leads come to you
Build relationships
Trust
Knowledge

7. HOW TO GET CUSTOMERS TO
COME TO YOU...

8. Quality content

9. CONTENT MEDIUMS

10. YOUR SOCIAL MEDIA R.O.T.

11. WHY R.O.T.?
(RULE OF THUMB)
Most content erodes due to lack of interest
or mis-management
Social networking profiles are left “rotting
away”
Mis-conception about ROI of social media

12. RULE OF THUMB #1
Social media is NOT sales

13. RULE OF THUMB #2
Remember it’s social media ...
Talk WITH people ... not AT them
More importantly, get people
talking about YOU!

14. RULE OF THUMB #3
80% information & 20% self-promotion
REMEMBER this ratio!

15. RULE OF THUMB #4
Make them feel special!
Increase fans by incentivizing and
promoting sharing.

16. RULE OF THUMB #4
Social media is all about close relationships!
People do business with people they like.

17. RULE OF THUMB #6
Address negative posts professionally and
publicly.

18. SOCIAL MEDIA
RULES OF THUMB
Social media is NOT sales.
Get people talking.
80% information & 20% self-promotion
Make them feel special
People do business with people they like.
Address negative posts professionally and publicly.

19. SOCIAL MEDIA
& THE LAW

20. START WITH A SOCIAL MEDIA
POLICY
Provide clear guidance to employees
Provisions to protect:
Company intellectual property (trademarks,
copyrights, patents)
Confidential company information
Don’t impose unnecessary or impractical restrictions
on use of social media

21. KNOW WHAT YOU’RE USING
Review terms of use & privacy policies of third-party
social media sites
Restrictions on use of social media site (e.g.,
advertising, marketing, promotions)
Facebook prohibits businesses from
administering promotions through Facebook
without prior written consent

22. Legal responsibilities assumed with use of site
(e.g., responsibility for complying with takedown
provisions of the DCMA)
Ownership of intellectual property used on or
information collected or generated through use of
the site

23. PROTECT YOUR DIGITAL SPACE
Establish clear, written terms of use & privacy policies
for all social media sites, services and applications
Require affirmative acceptance
Include provisions to protect company intellectual
property from misuse
Include provisions to minimize liability

24. User-generated content
Digital Millennium Copyright Act of 1998 (DMCA)
Safe harbor for copyright infringement by
acts of users
Notice & takedown procedures

25. Section 230 of Communications Decency Act of
1996 (CDA)
Immunity for publishing tortious statements
made by third parties

26. COMPLY WITH APPLICABLE
LAWS
Defamation
False advertising
No posting of fake reviews

27. Securities laws (publicly traded company)
Prohibits market manipulation, insider trading,
selective disclosure & disclosure of material non-
public info
Monitor statements by employees

28. Promotions, contests & sweepstakes laws
Sweepstakes-type promotions that require a
purchase by participants are illegal in the US
USPS & FCC also enforce federal laws
governing contests and prize promotions

29. Each state has laws that may require promoters to
make disclosures, seek licensing, or post a bond.
Industry-specific laws

30. CONSENT
Obtain consent before use of employees’ or third-
parties’ names, images or information
Use comprehensive release document to explain
purpose & extent to which company will use names,
images or information

31. DON’T VIOLATE EMPLOYEE
RIGHTS UNDER THE NLRA
Don’t restrict employee speech or take adverse
employment actions to extent employees use social
media to communicate about organizing, unions or
other rights protected under NLRA
Ensure NLRA compliance even in non-union
workplace

32. DISCLOSE MATERIAL
CONNECTIONS WITH BLOGGERS
FTC requires advertisers to disclose connections
with endorsers of their products if:
payment to endorser
provision of free products
Advise blogger of obligation to disclose

33. CONSIDER LEGAL RISKS
OF SM BACKGROUND CHECKS
Avoid making decisions based on protected class
membership revealed through social media
Use same protocols for social media screening
Comply with Fair Credit Reporting Act
Do not access password-protected electronic
resources without proper authorization from owner
Make decisions using vetted & accurate info

34. REVIEW INSURANCE POLICIES
CGL insurance policies may not cover liability arising
out of certain online activities
Possible additional insurance:
cyber liability insurance that covers data
breaches, privacy and data security
business interruption
media & content liability

35. CONTACT INFO
DeWayne Pope
Red Mountain Law
dpope@dpopemail.com
(205) 618-8908
Andrea Walker
W. Social Marketing, LLC
andrea@wsocialmarketing.com
(205) 835-2493